Kevin Vericker v. Norman Christopher Powell
The Florida Supreme Court resolved a certified conflict among district courts by holding that certiorari is not a proper vehicle to obtain immediate appellate review of a trial court order denying an Anti-SLAPP motion under section 768.295, because the statute does not confer immunity from suit and the burden of defending against a lawsuit—even a meritless one—does not constitute the irreparable harm required for certiorari jurisdiction. Simultaneously, the Court amended Florida Rule of Appellate Procedure 9.130(a)(3) to add denial of qualifying Anti-SLAPP motions as a new category of appealable nonfinal orders, providing the interlocutory review pathway that the statute's expeditious-disposal purpose demands. Civil practitioners must now use a Rule 9.130 interlocutory appeal, not a certiorari petition, to challenge a denied Anti-SLAPP motion before final judgment.
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